Texas 2017 - 85th Regular

Texas House Bill HB171 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R355 MK-D
2	2	By: Dutton H.B. No. 171
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain facilities transactions between school
8	8	districts and charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.1542, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 11.1542. FACILITIES TRANSACTIONS BETWEEN DISTRICTS
13	13	AND CHARTER SCHOOLS [OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR
14	14	DISTRICT FACILITY]. (a) This subsection applies only to an
15	15	independent school district facility or portion of a district
16	16	facility that is identified by the commissioner in accordance with
17	17	commissioner rule adopted under Subsection (b) as being unused or
18	18	underutilized by the district. If the charter holder of an
19	19	open-enrollment charter school makes a written offer to a district
20	20	to lease or purchase, for use by the open-enrollment charter
21	21	school, a district facility or portion of a district facility
22	22	identified as being unused or underutilized, the district must
23	23	lease or sell, as applicable, the facility or portion of the
24	24	facility to the charter holder for use by the open-enrollment
25	25	charter school. The lease or sale price must be at fair market value
26	26	and may be on other terms agreed to by the charter holder and
27	27	district board of trustees. The terms of the lease or sale may not
28	28	restrict the ability of the charter holder to use the facility for
29	29	classroom or other instructional purposes [The board of trustees of
30	30	an independent school district that intends to sell, lease, or
31	31	allow use for a purpose other than a district purpose of an unused
32	32	or underused district facility must give each open-enrollment
33	33	charter school located wholly or partly within the boundaries of
34	34	the district the opportunity to make an offer to purchase, lease, or
35	35	use the facility, as applicable, in response to any terms
36	36	established by the board of trustees, before offering the facility
37	37	for sale or lease or to any other specific entity].
38	38	(b) For purposes of Subsection (a), the commissioner shall
39	39	by rule adopt a procedure and criteria for determining whether a
40	40	school district facility or a portion of a district facility is
41	41	unused or underutilized by the district. Each year, the
42	42	commissioner shall, using the procedure and criteria adopted,
43	43	identify for each district any district facility or portion of a
44	44	district facility that is unused or underutilized. Each year, the
45	45	agency shall post on the agency's Internet website a list of each
46	46	district's unused or underutilized facilities and portions of
47	47	facilities. At the request of an open-enrollment charter school, a
48	48	district shall provide to the charter school a list of unused and
49	49	underutilized district facilities and portions of district
50	50	facilities as identified by the commissioner [This section does not
51	51	require the board of trustees of a school district to accept an
52	52	offer made by an open-enrollment charter school].
53	53	SECTION 2. This Act applies only to a contract entered into
54	54	by a school district and a charter holder of an open-enrollment
55	55	charter school on or after the effective date of this Act. A
56	56	contract entered into between a school district and a charter
57	57	holder before the effective date of this Act is governed by the law
58	58	in effect on the date the contract is entered into, and that law is
59	59	continued in effect for that purpose.
60	60	SECTION 3. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2017.